ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster Legal
judgments that act as a charge over the prop - erty. 2.5 Typical Representations and Warranties Typical warranties are: • transferor’s warrant that it has the right to sell and that as at the date of the agreement nothing has been done to encumber the property; • clear title will be delivered on completion of the transaction; and • there is no dispute or controversy or claim against the property or its appurtenances that are known and there is a registered right or way (access) to the property. There are no warranties as to the state of the building. Properties are customarily sold as is. The issue of asbestos is not one that customarily affects properties in the Caribbean. The buyer’s remedies usually include specific performance of contracts and a claim for dam - ages against a party to a transaction. Representation and warranty insurance is not customarily used in this jurisdiction. 2.6 Important Areas of Law for Investors The Anguilla Registered Land Act is the most important piece of legislation for an investor to consider when purchasing real estate. The intention of the investor will dictate whether or not other statutes are required to be consid - ered, such as: • the Condominium Act (if condominium units are intended to be constructed);
• the Stamp Act (with respect to duties pay - able); and • the Aliens Land Holding Regulation Act (if the investor is a foreigner – not an Anguillian). Other acts such as the Customs Act will be con - sidered if an investor intends to negotiate with the government and enter into a Memorandum of Understanding for concessions and/or waiv - er/reduction of custom duties and taxes that will affect a project. Other permits, licences and approvals are nec - essary for the project: • Planning Permits (under the Land Develop - ment (Control) Act); • Building Permits (under the Building Act); • Trade Licence (required under the Trades, Businesses, Occupations and Professions Licensing Act if the investor is managing and developing the property); and • Work Permits (issued under the Control of Employment Act) for the management and operation of the project (if the investor makes satisfactory representations to the govern - ment that the skills and experience required cannot be identified locally). 2.7 Soil Pollution or Environmental Contamination The Public Health Act deals with storage, dis - charge and disposal of contaminants and haz - ardous materials. Environmental Health Officers are authorised to enter upon any premises with or without the consent of the owner to conduct inspections as necessary under the act. A buyer should conduct due diligence prior to entering into any contract as environmental pro - tection legislation does not run with the land. If the buyer fails to conduct the required due
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